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1995-086 To authorize the Execution of a Site Plan Control Agreement for Concession 1, Part of Lots 39 and 40, former Township of Vespra .' r .. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE site Plan Control By-law No. 95 -86 Being a By-law to Authorize the Execution of a site Plan Control Agreement for Concession 1, Part of Lots 39 and 40, former Township of Vespra WHEREAS By-law No. 94-149, a By-law to designate parts of the Township as site Plan Control Areas was passed by Council for the Township of Oro-Medonte pursuant to the provisions of the Planning Act, R.S.O. 1990 c. P. 13 as amended; AND WHEREAS the lands referred to in this By-law are subject to site Plan Control pursuant to By-law No. 94-149; AND WHEREAS authority to enter into site Plan Control Agreements is provided for in section 41 of The Planning Act, R.S.O. 1990 c. P. 13, and Council deems it necessary to enter into a site Plan Control Agreement on the lands described herein; NOW THEREFORE the Council for the corporation of the Township of Oro-Medonte hereby enact as follows: 1. That the Agreement described Township enter into the site attached hereto as Schedule on the attached Schedule "A"; Plan Control "B" on lands 2. That the Mayor and Clerk be authorized to execute the site Plan Control Agreement on behalf of the corporation of the Township of oro; 3. That the attached Schedule "A" and Appendices "1" and "2", n shall form part of this By-law; and, 4. That this By-law shall come into force and take effect upon being enacted by Council. READ a first and second time this 4th day of October , 1995. READ a third time and finally passed this4th day of October , 1995. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE ,&- K':f- :Ian Beard, :a or /f.J;A /I'.If y / ~~['I' LSf, r1I'r;>R: Darlene Shoebridge, Clerk < Schedule "A" Part of Lots 39 and 40, Concession 1, Township of Oro- Medonte (formerly Township of Vespra), County of Simcoe . . e" . SITE PLAN CONTROL AGREEMENT This Agreement made in quadruplicate this 22nd day of September, 1995 in accordance with section 41 of the Planning Act R.S.O. 1990 c. P. 13 BET WEE N : TIMBERSMITH LOG CONSTRUCTION LTD. Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the owner has applied to the Township of Oro-Medonte to permit a Log Home Construction Sales on lands described in Appendix "1" attached hereto: AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "site Plan Control Area"; AND WHEREAS the owner intends to develop the lands in ~~~ with the site Plan attached as "Appendix 2" attached hereto; NOW THEREFORE This Agreement witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 1. COVENANTS BY THE OWNER The owner covenants and agrees as follows: a) The owner owns the subject lands described in Appendix "1" attached hereto. b) This Agreement may be registered against title to this subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands nor any use made of the subject lands with respect to the proposed development except in conformity with all the provisions of the Agreement. The owner shall obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to the County of Simcoe District Health unit. d) e) The Owner shall, prior to the execution of the Agreement, pay all Municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The owner shall pay such reasonable costs as may be involved to the Township in having its Solicitor, Engineer, and Planner perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder unless the context otherwise requires. g) That there is presently no mortgage(s) registered against the title to the sUbject property in favour of the Mortgagee. tit 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit the use of the subject property as an equipment sales and repair facility as described on the site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and provincial statutes and Regulations, the Owner may proceed to develop the subject lands as indicated on the site Plan attached hereto as Appendix "2", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the sUbject lands by the Owner shall be on and subject to the following terms and conditions: a) site Plan The use and development of the subject lands shall be in accordance with and as set out on the site Plan attached hereto as Appendix "2". b) Liqhtinq All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway. c) Parkinq Areas and Driveways All parking areas and driveways shall be constructed, in conformity with section 4.22 of By-law No. 83-15, as amended and the ontario Building Code Regulations 419/86 and such parking areas, loading and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed as in Appendix "2" attached. The owner agrees to obtain all necessary approvals from the Ministry of Transportation. d) outside Storaqe No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound as identified on Appendix "2" with the exception of complete machines and attachments. e) Garbaqe Storaqe The Owner agrees to provide suitable storage areas for garbage and waste and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. . f) Landscapinq The Owner shall complete all landscaping and landscaped areas shown on the site Plan, attached as Appendix "2" as soon as weather permits and all grading and sOdding required according to any Engineering drawings submitted, shall be done on all lawn areas. - 5. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Appendices attached hereto unless and until such changes have been approved in writing by all Parties. 6. SECURITY As evidence of the good faith of the Owner and as security for the performance by the Owner of its obligations hereunder, the Owner undertakes and agrees to post an irrevocable Letter of Credit issue~by a Chartered Bank with the Township of oro~~~W~named as beneficiary for the sum of FIFTY THREE THOUSAND ($53,000) DOLLARS (See Appendix "3" attached). The Letter of Credit must contain the following phrase: "It is a condition of this irrevocable Letter of Credit that it shall be deemed to be automatically extended, without amendment for one year from the present or any future expiration date." The Township undertakes and agrees to release the Letter of Credit three (3) years from the date of registration of this Agreement, provided that there have been no violations by the Owner of any of the Substantive terms of this Agreement. This does not prohibit the Township from releasing the Letter of Credit after the expiration date of one (1) year from the date of the agreement providing Council is satisfied that the terms of the agreement have been satisfied. 7. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of section 326 of the Municipal Act, R.S.O. 1990, c. M. 45, as amended. 8. CO-OPERATION . The Parties consent to the registration of this Agreement by the Township upon the title of the subject lands at the expense of the Owner and agree to execute such further and other documents, consents or applications as required for the purpose of securing registration and giving effect to the provisions of this Agreement. The Parties undertake and agree to co-operate with one another with respect to the implementation of this site Plan Control Agreement. 9. BINDING EFFECT This Agreement and everything contained herein shall be binding upon the successors and assigns of the Parties hereto and upon the lands described in Appendix "1" attached hereto, such Appendix being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. -- 10. SEVERABILITY OF CLAUSES Should any section, Subsection, Clause, Paragraph or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. IN WITNESS WHEREOF, the Parties hereunto have affixed respective seals under the hands of ir prope of duly authorized in that behalf. SIGNED, SEALED AND DELIVERED . ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ~ ~Jk,~~l'~~~~:b~{~~ ) ) I have the ability to bind the company The corporation of the Township of Oro-Medonte per: - . APPENDIX "1" LEGAL DESCRIPTION OF LANDS Part of Lots 39 and 40, Concession 1 WPR, Township of Oro-Medonte (formerly Township of Vespra), county of Simcoe ~? -- . 1 APPENDIX "2" TO THE SITE PLAN AGREEMENT site Plan is not in a registerable form and is available from the Township of Oro-Medonte offices. Items Sand Fill Granular "B"(200mm) Granular "A"(100mm) Walkways Landscaping . septic System Well Supply . APPENDIX "3" Quantity 3,200 t 2,800 t 2,045 t 50 sq. m. unit Price Amount $2.00/t $6.00/t $9.00/t $30.00/sq.m. 1.s. l.s. 1.s. $ 6,400.00 $16,800.00 $18,400.00 $ 1,500.00 $ 2,200.00 $ 5,000.00 $2,700.00 Total $53,000.00 ~ .~ Province of Ontario Document General Form 4 - land Registration Reform Act, 1984 DYE & DURHAM CO. LIMITED Form No. 965 o (1) Registry !XI land Tilles 0 (2) Page 1 of 8 pages , '" i;., >- ." (3) P,oparty Block Idenllflar(s) Property ..-I CV::' CD cc' CD l.;j c-- LC) Additional: See 0 Schedule ,:t:;'0:! ~,~ ~ c::> (; u.JtJ.J ',er::,; 'c=::.: (4) Nature of Document Site Plan Agreement Planning Act 15} Consideration under Section 41(10) of the ,J_;:::-::::- >- ...J Z ('..J ". v, '-~' LJ ;::;:! :"',_J ~-- ~Z.t? ':.-) I.f') ..-I Dollars $ ';i) ........ ........ ot 39 and the South Half of Lot 40, g East of The King's Highway 400 as ignation Plan registered as Instrument If the Canadian Pacific Railway as itrument #6737, #6828, #6778, #6722, lrt 4 of Plan 00-1091, Township of ~rly Township of Vespra), County Ln OJ Additio See Schedl Executions Additic See Schad cription ~asement ;ketch (b) Schedule fOri o Additional Description 0 Parties 0 Other m (8) This Document provides as follows: Site Plan Agreement as attached. Continued on Schedule 0 (9) This Document relates to instrument number(s) (10) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Oats of Signature y M 0 i , 1995 '10131 i.' .;' . THE. CO~PORATION .OF .THE .TCWNSHIP. . . . . . . . of oI:<<r.MEJ)()N'J;'E,qy .its .Clerk... Darlene. Shoebridge. .",." . ......,. . i~~i9ipa+~~y........ . ",....... . . ...., ...... . . i I have the (11) Add,ess for Service authoritv to bind the Corporation. P.O. Box 100 (12) Party(!es) (Set out Status or Interest) Name(s) Oro, ON LOL 2XO 8ignature(s) Date of Signature y M 0 . . . TrMBE!<SM!W.LCN .~SrIW'~rQNI:rp. ....... . ......... . .er ,....... . ..................... . (13) Address for Service (14) Municipal Address of Property (15) Document Prepared by: ~ 5 Registration Fee ill <JJ :> ill () u: u. o a: 2 Total I Fees and Tax Not Assigned Lynda Aiken Deputy Clerk, Twp. of Oro-Medonte P.o. Box 100 Om, ON LOL 2XO SITE PLAN CONTROL AGREEMENT This Agreement made in quadruplicate this 22nd day of september, 1995 in accordance with section 41 of the Planning Act R.S.O. 1990 c. P. 13 - BET WEE N : TIMBERSMITH LOG CONSTRUCTION LTD. Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the owner has applied to the Township of Oro-Medonte to permit a Log Home Construction Sales on lands described in Appendix "1" attached hereto: AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "site Plan Control Area"; AND WHEREAS the owner intends to develop the lands in ~~ with the site Plan attached as "Appendix 2" attached hereto; NOW THEREFORE This Agreement witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 1. COVENANTS BY THE OWNER The owner covenants and agrees as follows: a) The owner owns the subject lands described in Appendix "1" attached hereto. b) This Agreement may be registered against title to this subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands nor any use made of the subject lands with respect to the proposed development except in conformity with all the provisions of the Agreement. d) The owner shall obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to the County of Simcoe District Health unit. - e) The Owner shall, prior to the execution of the Agreement, pay all Municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The owner shall pay such reasonable costs as may be involved to the Township in having its Solicitor, Engineer, and Planner perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder unless the context otherwise requires. - g) That there is presently no mortgage(s) registered against the title to the subject property in favour of the Mortgagee. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit the use of the subject property as an equipment sales and repair facility as described on the site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and provincial statutes and Regulations, the Owner may proceed to develop the subject lands as indicated on the site Plan attached hereto as Appendix "2", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) site Plan The use and development of the subject lands shall be in accordance with and as set out on the site Plan attached hereto as Appendix "2". b) Liqhtinq All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway. c) Parkinq Areas and Drivewavs All parking areas and driveways shall be constructed, in conformity with section 4.22 of By-law No. 83-15, as amended and the ontario Building Code Regulations 419/86 and such parking areas, loading and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed as in Appendix "2" attached. The owner agrees to obtain all necessary approvals from the Ministry of Transportation. d) outside Storaqe No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound as identified on Appendix "2" with the exception of complete machines and attachments. e) Garbaqe storaqe The Owner agrees to provide suitable storage areas for garbage and waste and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. . f) Landscapinq The Owner shall complete all landscaping and landscaped areas shown on the site Plan, attached as Appendix "2" as soon as weather permits and all grading and sOdding required according to any Engineering drawings submitted, shall be done on all lawn areas. - 5. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Appendices attached hereto unless and until such changes have been approved in writing by all Parties. 6. SECURITY As evidence of the good faith of the Owner and as security for the performance by the Owner of its obligations hereunder, the Owner undertakes and agrees to post an irrevocable Letter of Credit is~~~ by a Chartered Bank with the Township of oro'1b~"rri~ ty(amed as beneficiary for the sum of FIFTY THREE THOUSAND ($53,000) DOLLARS (See Appendix "3" attached). The Letter of Credit must contain the following phrase: "It is a condition of this irrevocable Letter of Credit that it shall be deemed to be automatically extended, without amendment for one year from the present or any future expiration date." The Township undertakes and agrees to release the Letter of Credit three (3) years from the date of registration of this Agreement, provided that there have been no violations by the Owner of any of the Substantive terms of this Agreement. This does not prohibit the Township from releasing the Letter of Credit after the expiration date of one (1) year from the date of the agreement providing Council is satisfied that the terms of the agreement have been satisfied. 7. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 326 of the Municipal Act, R.S.O. 1990, c. M. 45, as amended. 8. CO-OPERATION . The Parties consent to the registration of this Agreement by the Township upon the title of the subject lands at the expense of the Owner and agree to execute such further and other documents, consents or applications as required for the purpose of securing registration and giving effect to the provisions of this Agreement. The Parties undertake and agree to co-operate with one another with respect to the implementation of this site Plan Control Agreement. 9. BINDING EFFECT - This Agreement and everything contained herein shall be binding upon the successors and assigns of the Parties hereto and upon the lands described in Appendix "1" attached hereto, such Appendix being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 10. SEVERABILITY OF CLAUSES Should any section, Subsection, Clause, Paragraph or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. SIGNED, SEALED AND DELIVERED ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : /JA ,(t7,,'UU V,r'vhd"J/C;j</ ) r61~rk,Darlene Shoebri~ge ) ) e ability to Company IN WITNESS WHEREOF, the Parties her respective seals under the hands duly authorized in that behalf. The corporation of the Township of Oro-Medonte per: . - - APPENDIX "1" LEGAL DESCRIPTION OF LANDS All that Part of Lot 39 and the South Half of Lot 40, Concession 1, lying East of The King's Highway 400 as established by Designation Plan registered as Instrument #765294 and West of the Canadian Pacific Railway as established by Instrument #6737, #6828, #6778, #6722, Save and Except Part 4 of Plan RD-1091, Township of Oro- Medonte (formerly Township of Vespra), County of Simcoe. ^. . - APPENDIX "2" TO THE SITE PLAN AGREEMENT site Plan is not in a registerable form and is available from the Township of Oro-Medonte offices. , APPENDIX "3" Items Quantity unit Price Amount Sand Fill 3,200 t $2.00/t $ 6,400.00 Granular "B"(200mm) 2,800 t $6.00/t $16,800.00 Granular "A"(100mm) 2,045 t $9.00/t $18,400.00 walkways 50 sq. m. $30.00/sq.m. $ 1,500.00 . Landscaping l.s. $ 2,200.00 Septic system l.s. $ 5,000.00 Well Supply 1.s. $2,700.00 Total $53,000.00 .